JUDGMENT OF THE COURT
The appellant, Kenya Ports Authority, in this appeal is aggrieved by the decision of the High Court (Chitembwe, J.) which declined to strike out a petition on the basis that it had been overtaken by events.
By way of a Notice of Motion dated 27th September 2016, expressed to be brought under Article 159 (2) of the Constitution, sections 1A and B and 3A of the Civil Procedure Act, and order 2 rule 15 of the Civil Procedure Rules, the appellant sought for orders that the Petition filed by the respondent, Maur Abdalla Bwanamaka on 10th November 2015 be struck out for having been overtaken by events, and for the court to issue an order for the termination of the proceedings founded upon the petition.
The application was brought on the grounds that in the petition, the respondent had sought orders to restrain the 1st Interested Party, Liebherr Container Cranes Limited, from effecting delivery and installation of the ship to shore gantry cranes (the cranes) to the appella…